Glossary

• Author: David Vaver
• Pages: 693-707

693

GLOSSARY

* Indicates cross-reference to another entry

Account of prof‌its: A discretionary remedy that requires an infringer to

detail the net prof‌its made from an *infringement and to pay the sum

over to the claimant.

Anticipation: The converse of *novelty in patent law. An invention that

has been anticipated (i.e., the same subject-matter is shown to exist

already at a patent application’s claim date) is not new and therefore

cannot be patented.

Assignment: The voluntary transfer of ownership of a right. The per-

son transferring is the assignor, who transfers (assigns) to an assignee.

Called “cession” in Quebec.

Berne Convention [Berne]: The Convention on the Protection of Literary

and Artistic Works signed at Berne in 1886. The latest version of this

*treaty is the Paris Act of 1971, of which Canada became a member as

from 26 June 1998. Until then, Canada was bound only by the 1928 ver-

sion of Berne. Canada’s laws nevertheless substantially complied with

the Paris Act earlier because of Canada’s obligations under *NAFTA and

later *TRIPs.

Authorization: See Licence. Not to be confused with the “authoriza-

tion” right granted to a *copyright holder, who may therefore, without

incongruity, authorize (in the sense of license) another to exercise this

right to authorize the doing of an act restricted by *copyright.